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| Terms of Use |
Nuclear Space Technology Institute (NSTI) and its web sites
nuclearspace.com (NS) and nuclearspacetechnology.org will be referred to
as NS/NSTI as such are a single entity.
These Terms of Use govern your use of the NS/NSTI web sites and your
responsibilities as a user. By accessing and using this site, you are
agreeing to be bound by and comply with these Terms of Use. The Nuclear
Space Technology Institute (NSTI)reserves the right to change these
Terms of Use by posting changes on this site. Your continued use of the
site following posting of any changes will constitute your acceptance of
the changes.
These Terms of Use constitute a contractual agreement between you and
Nuclear Space Technology Institute (NSTI). Please read these Terms of
Use carefully before using the site. Your use of NS/NSTI web sites
affirms your acceptance of and agreement to abide by these Terms of Use.
If you do not wish to be bound by these Terms of Use, you should not
continue to use smud.org.
Please direct any questions or comments you have concerning the Terms of
Use to:
Bruce Behrhorst:
email: bru_b@shaw.ca
Telephone: 604-677-4042
Terry McNeeley:
email:
mcneeley@nuclearspace.com
Telephone: 816-697-3507
All information, documents, products and services, trademarks, logos,
graphics, images and other proprietary materials provided on NS/NSTI are
subject to trademark, service mark, copyright and/or intellectual
property rights or licenses held by NS/NSTI websites or by third parties
who have licensed their material to Nuclear Space Technology Institute (NSTI).
The content of NS/NSTI is intended for the personal, noncommercial use
of visitors to the site. As a customer or strategic partner, NS/NSTI
grants you the limited right to display these proprietary materials only
on your personal computer and to copy and download, print, and store the
proprietary materials for your personal, noncommercial use, provided
that all copyright notices located on the proprietary materials appear
on the materials copied or downloaded. You agree not to use the
proprietary materials for any other purpose or to edit, alter, or
enhance them, without prior written consent of Nuclear Space Technology
Institute (NSTI).
Commercial use or broadcasting or otherwise disseminating aggregate
(entire site) information, personal student or researcher information in
the proprietary materials in any media, without prior written approval
from Nuclear Space Technology Institute (NSTI), is strictly prohibited.
You may post some (in part) content from the site to news groups, mail
lists or electronic bulletin boards. In addition, you may not “frame” or
“mirror” any proprietary materials or other content contained on or
accessible from this site on any other server or Internet-based device
without first obtaining written authorization. Nuclear Space Technology
Institute (NSTI) reserves complete title and full intellectual property
rights of any content you download from this site. This limited right
granted to you by Nuclear Space Technology Institute (NSTI) to use the
proprietary materials terminates automatically, without notice to you,
if you breach any of the Terms of Use. Upon termination you agree to
destroy immediately any downloaded or printed proprietary materials.
| Password restricted areas of the site |
Certain areas of NS/NSTI web site, such as Log-on payment and Manage
Your Account services, are restricted to authorized users through the
use of passwords. If you are an authorized user of the restricted areas,
you agree that you are entirely responsible for maintaining the
confidentiality of your password and account information. You also agree
to notify Nuclear Space Technology Institute (NSTI) if your password is
lost, stolen, or disclosed to an unauthorized third party, or if the
password otherwise may have been compromised. You agree to immediately
notify NS/NSTI of any unauthorized use of your account or any other
breach of security in relation to the site known to you.
Nuclear Space Technology Institute (NSTI) personnel monitors NS/NSTI web
sites daily to ensure it remains available to all users and to protect
information in the system. By accessing this web site, you are expressly
consenting to these monitoring activities.
Unauthorized attempts to defeat or circumvent security features, to use
the system for other than intended purposes, to deny service to
authorized users, to access, obtain, alter, damage, or destroy
information, or otherwise to interfere with the system or its operation
is prohibited. Evidence of such acts may be disclosed to law enforcement
authorities and result in criminal prosecution under the Computer Fraud
and Abuse Act of 1986 and the National Information Infrastructure
Protection Act of 1996 (Pub. L. 104-294), (18 U.S.C. 1030), or other
applicable criminal laws.
You agree not to violate or attempt to violate the security of or
interfere with the operations of NS/NSTI websites, including without
limitation, (a) accessing data or an account that you are not authorized
to access or that is not intended for your use; (b) using another user’s
name, password or account information without authorization from that
user; (c) testing the vulnerability of or breaching the security or
authentication measures of any system or network related to the site;
(d) interfering with service to any other user, host or network; or (e)
attempting to do any of the foregoing actions.
| Links & Third Party Interaction |
NS/NSTI provides links to other sites located on the Internet (World
Wide Web) that are owned or operated by parties other than NS/NSTI,
including providers of online payment services. These sites provide
products or services that NS/NSTI believes will be of value to its
customers. NS/NSTI is not, however, an agent, partner, sales
representative, or distributor for the owners or operators of these
links sites. These other sites are generally created and owned by
parties and are the responsibility of those persons or organizations and
not of NS/NSTI.
The purchase of any goods or services from such third parties is solely
between you and the applicable third party. While NS/NSTI endeavors to
provide links only to those sites that are reputable, we cannot and do
not represent or warrant the correctness, validity, accuracy, or
reliability of the linked sites and their content or of products or
services obtained through them. You bear all risks associated with your
use of the other sites. You agree that NS/NSTI will not be liable for
any damages arising from your access to such sites or your purchase of
products or services from such sites.
This web site functions to promote the use of nuclear power in space to
further robotic and human exploration of our solar system and beyond
among other uses relating to constructive uses in nuclear medicine, food
irradiation, construction industry, electrical power generation, nuclear
waste reprocessing etc. Our purpose is to enhance the technological use
of nuclear fission, fusion, antimatter and as yet formal discovery
proposals for advanced energy to provide power and propulsion.
On certain sites operated by Nuclear Space Technology Institute (NSTI) ,
Nuclear Space Technology Institute (NSTI) provides users with the
capability to provide commentary on articles and news events (Services)
as a limited public forum to allow for an open discussion of issues
related to Nuclear Space Technology Institute (NSTI), energy efficiency,
the conservation of energy or presents accurate information on the
economical purchase, maintenance or use of any appliance of device using
light, heat, or power. NS/NSTI may provide other services to users on
its websites not described above. You understand that your use of the
Services provided by NS/NSTI on its websites is subject to this Terms of
Use. You understand that NS/NSTI provides only the facilities for the
operation of the Services. NS/NSTI does not approve or endorse any
message posted by users from the use of the Services. Reference to any
specific commercial product, process, or service by trademark,
manufacture, or otherwise does not necessarily constitute or imply its
endorsement, recommendation, favoring any private or public
national/international concern.
NS/NSTI does not review the background of any user of the Services.
In consideration for your use of the Services, you represent that you
are of legal age to form a binding contract and are not a person barred
from using the Services under the laws of the United States. You also
agree to: (a) provide true, accurate, current and complete information
about yourself as prompted by the registration form (the Registration
Data) and (b) maintain and promptly update the Registration Data to keep
it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or NS/NSTI has
reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, NS/NSTI has the right to suspend
or terminate your use of the Services and refuse any and all current or
future use of its Services.
You understand that any comment posted by a user of the Services
expresses only the views of the user and does not reflect the views of
NS/NSTI. From time to time, NS/NSTI may use administrators to monitor
the content or appearance of posted comments. Considering the real-time
nature of the Services, it is impossible for us to monitor or review
every message. You are encouraged to report abuses to NS/NSTI.
You acknowledge that the administrators shall have the right (but not
the obligation) in their sole discretion to refuse or move any content
from the use of the Services. Without limiting the foregoing, the
administrators shall have the right to remove any content that violates
the Terms of Use or is not reasonably related to the limited public
forum purpose or it otherwise objectionable. You acknowledge, consent,
and agree that the administrators may access, preserve and disclose your
Registration Data and the content you have posted using the Services if
required to do so by law or in a good faith belief that such access
preservation or disclosure is reasonably necessary in the sole opinion
of NS/NSTI to: (a) comply with legal process; (b) enforce the Terms of
Use, (c) respond to claims that any content violates the rights of third
parties, (d) respond to your requests for customer service, or (e)
protect the rights, property, or personal safety of the public.
You, and not the administrators and/or NSTI, are entirely responsible
for all content that you upload, post, email, transmit or otherwise make
available through the use of the Services. NS/NSTI does not control the
content posted by users of the Services and, as such, does not guarantee
the accuracy, integrity or quality of such content. You agree that you
must evaluate and bear all risk associated with the use of any content,
including any reliance on the accuracy, completeness, or usefulness of
such content.
| Acknowledgment you will not use services
to: |
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Upload, download, post, email, transmit or otherwise make available
any content, including through any attachments thereto, that is
unlawful, plotting violence, piracy and terrorism, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, libelous, invasive of another’s privacy, hateful, or
racially, ethically or otherwise objectionable;
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Upload, download, post, email, transmit or otherwise make available
any content, including through any attachments thereto, that you do
not have a right to make available under any law or under
contractual or fiduciary relationships (such as, but not limited to,
inside information, proprietary and confidential information learned
or disclosed as part of employment relationships or under
nondisclosure agreements);
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Upload, download, post, email, transmit or otherwise make available
any content, including through any attachments thereto, that
infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party;
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Upload, download, post, email, transmit or otherwise make available
any content, including through any attachments thereto, any
unsolicited or unauthorized advertising, promotional materials,
“junk mail,” “spam,” “chain letters,” “pyramid schemes,” of any
other form of solicitation;
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Upload, download, post, email, transmit or otherwise make available
any content, including through any attachments thereto, any material
that contains software viruses or any computer code, files or
programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications
equipment; and
Intentionally or unintentionally violate any applicable local,
state, national, or international law
| Disclaimer of warranty & Limitation of
Liability |
Your use of the Services and the site are at your sole risk. The
materials and information on this site and Services are provided on an
“as is” and “as available” basis and are for personal use only. To the
maximum extent permitted by applicable law, NS/NSTI disclaims all
guarantees and warranties of any kind, either express or implied,
including, but not limited to, the implied warranties of
merchantability, fitness for a particular purpose, any expectation of
privacy, accuracy or completeness or non-infringement of third party
rights as to the operation of this site or the information, content or
materials on or obtained through this site or any products or services
of online payment services, or other third parties. NS/NSTI does not
warrant that the functions contained anywhere on smud.org or through the
use of the Services or in the materials including on the site will be
uninterrupted or error free, that defects will be corrected or that this
site, any materials or any server used by NS/NSTI are free from viruses
or other harmful components.
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL NS/NSTI, ITS DIRECTORS,
OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE IN ANY WAY FOR ANY DAMAGES
(WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF
OR INABILITY TO USE SMUD.ORG FOR ANY INFORMATION, CONTENT OR MATERIALS
ON OR OBTAINED THROUGH THIS SITE OR ANY PRODUCTS OR SERVICES OBTAINED
THROUGH AFFINITY PARTNERS OR THIRD PARTIES, IN EACH CASE REGARDLESS OF
WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT, OR STRICT LIABILITY,
OR OTHER THEORIES OF LIABILITY, OR FOR CONTENT, INCLUDING BUT NOT
LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY OFFENSIVE,
INDECENT, DEFAMATORY OR OTHERWISE OBJECTIONABLE NATURE OF ANY CONTENT,
OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OR
VIEWING OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE
AVAILABLE BY USERS OF THE SERVICES
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS NS/NSTI, ITS DIRECTORS,
OFFICERS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY CLAIM OR DEMAND,
INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, MADE BY ANY THIRD PARTY
DUE TO OR ARISING OUT OF: (I) CONTENT YOU MADE AVAILABLE THROUGH YOUR
USE OF THE SERVICES; (II) YOUR VIOLATION OF THE TERMS OF USE; OR (III)
YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
Nuclear Space Technology Institute (NSTI) controls and operates NS/NSTI
from its headquarters in Pleasant Hill, Missouri and makes no
representation that the proprietary materials are appropriate or will be
available for use in other locations. Any action related to these Terms
of Use will be governed by Missouri law and controlling U.S. federal law
without regard to the choice or conflicts of law provisions of any
jurisdiction. You agree to submit to the jurisdiction of the courts
located in Cass County, in the State of Missouri, for the resolution of
all disputes arising from or related to these Terms of Use and/or your
use of NS/NSTI.
| Notice for claims of intellectual property
or copyright infringement |
If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been
otherwise violated, please notify us immediately. Send a "Notice of
Infringement" to bru_b@shaw.ca or
mcneeley@nuclearspace.com and fax confirming copy to 1-604-291-1287,
The Digital Millennium Copyright Act, 17 U.S.C. Section 512 (c)(3)(A)
specifies required information.
| Revisions to terms of use |
You agree that NS/NSTI can revise these Terms of Use at any time without
notice or liability by updating this posting. You agree that your
continued use of the site after such modifications have been made
constitutes your acceptance of such revised Terms of Use. If any
provision of these Terms of Use is held by a court of competent
jurisdiction to be contrary to law, then such provision(s) shall be
construed, as nearly as possible, to reflect the intentions of the
parties, with all other provisions remaining in full force and effect.
The failure of NS/NSTI to enforce any right or provision in these Terms
of Use shall not constitute a waiver of such right or provision unless
acknowledged and agreed to by NS/NSTI. Your use of the site is subject
to the additional disclaimers and caveats that may appear throughout the
site.
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